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<br />IT IS MUTUALLY AGREED THAT:
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<br />88- 103891
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<br />UTlGA TION: Trustor shall delend this Trust in any action or proceeding purporting to affect such property, whether or not
<br />it affeets the security hereof, or purporting to affect the rights or powers of Beneficiary of Trustee, and shall file and
<br />prosecule all necessary claims and actions to prevent or recover for any damage to or destruction of such property, and
<br />either Trustee or Beneliciary is hereby authorized, without obligation so to dO,to commence, appear In or defend any such
<br />action, whether brought by or against Trustor, Beneficiary or Trustee or with or without suil, to exercise or enforce any other
<br />right, remedy or power available or conferred hereunder, whether or not judgment be entered in any action or proceeding;
<br />and Trustor or Beneficiary may appear or intervene in any aclion or proceeding, and retain counsel therein; and take such
<br />action therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in that behalf
<br />and lor any of said purposes, may expend and advance such sums of money as either may deem necessary. Whether or not
<br />Trustor so appears or defends, Trustor on demand shall pay all costs and expenses of Beneficiary and Trustee, including
<br />cosl 01 evidence 01 title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or
<br />Trustee may appear by virtue of being made a party defendant or otherwise and irrespective of whelherthe interest of
<br />Beneficiary or Trustee in such property is directly questioned by such action, including but not limited to, any action forthe
<br />loreclosure of, or sale proceedings under. any secondary lien on such property. condemnation or partition of such
<br />property, and any suit brought by Beneficiary 10 foreclose this Deed of Trust.
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<br />CONDEMNATION: All sums due. paid or payable to Trustor, or any successor in interest of Trustor. whether by way of
<br />Judgment, settlement or otherwise, (a) for injury or damage to such property. or (b) in connection with any condemnalion
<br />lor public use or injury to such property or any part thereol, or (c) in connection with the transaction financed by the loan
<br />secured hereby or (d) arising out o' all causes of action, whether accruing before or after the date of this Oeed of Trust,
<br />sounding In tort or contract, including causes o' action lor 'raud or concealment of a materiallact together with the
<br />settlements, proceeds, awards and damages, direct and consequential, In connecllon therewith are hereby absolutely and
<br />irrevocably assigned and shall be paId to BenefiCIary. Beneficiary shall be enlltled, at its option. to commence, intervene in,
<br />appear In and prosecute in its own name. any actIon or proceeding, or to make any compromise or settlement, in
<br />connecllon with any such taking or damage Trustor agrees to execute such further assignments of any compensation,
<br />award. damages, rights of action and proceeds as BenefiCIary may require.
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<br />All amounts received by BenefiCiary pursuantlo thIS Deed of Trust under any fire or other insurance policy. in conneclion
<br />With any condemnation for public use of or Inlury to such property, for Inlury or damage to such hereby are to be applied at
<br />the optIon of Beneftclary upon any Indebtedness secured hereby. The application, use or release 01 such amount shall not
<br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
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<br />CONSENT, PARTIAL RECONVEYANCE. ETC. Trustee may, at any lime. or from tIme to time. without liability therefore,
<br />and without notice, upon written request 01 BenefICIary, and without affecting the personal liability of any person for
<br />payment of the indebtedness secured hereby, or the hen ot thIS Deed of Trust upon the remainder of such property lor the
<br />lull amount of the indebtedness then or thereafter, secured hereby, or lhe rights or powers ot the Beneficiary or the Trustee
<br />WIth respect to the remainder 01 such property, (a) reconvey any part of such property, {b} consenlto the making of any
<br />map or plat thereof. (C) JOIn in grantIng any easement lhereon, or (d) lOin In any extension agreement or any agreement
<br />subordinating the lien or charge hereol
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<br />FUll RECONVEYANCE: That, upon wrtnen request of Benetlclary stating thaI all sums secured hereby have been paid
<br />and all obligations secured hereby have been sallSfactortly pertormed, Trustee shall reconvey, without warranty, the
<br />property then held hereunder The reCItals In such reconveyance of any maners of fact shall be conclusive proof of the
<br />truthluln8$$ thereof. The grantee In such reconveyance may be deSIgnated as "the person or persons legally enlitled
<br />thereto". Such requests and reconveyance shall operate as a reassIgnment of the rents, income, issues and prolits
<br />hereinbefore assigned to the BenefiCIary
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<br />RIGHT TO COLLECT AND RECEIVE RENTS AND PROFITS. NotWithstanding any other provisions hereof, Beneficiary
<br />hereby grants permission to Trustor to collecl and retain the rents, Income, issues and prolits of such property as they
<br />become due and payable. but reserves the nght to revoke such permissl<:.':l at any time, With or without cause, by notice In
<br />wrillng to Trustor. mailed to Truslor al hiS last known address. In any event. such permission to Trustor shall be
<br />automatically revoked upon delaull hereunder by Trustor.
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<br />FINANCIAL INFORMATION: Trustor WIll provide to BenefICIary. within 90 days of the close of each fiscal year of Trustor, a
<br />consolidated balance sheet and statement of earnings of Trustor and any and ail guarantors 01 the obligations secured
<br />hereby and will prOVide and deliver to Benehclary such other financial Information and In such manner as Beneficiary may
<br />direct from lime 10 time,
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<br />FINANCIAL COVENANT: Trustor shall comply with and shall cause any and all guarantors of the obligation secured
<br />hereby to comply with. or be in compliance with, the following financial covenants: (This paragraph shall be non-applicable
<br />" covenants and requirements are not filled in below.)
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<br />EVENTS OF DEFAULT: Any of the lollowlng events shall be deemed an event of delault hereunder'
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<br />(a) Default shall be made in the paymenl ot any Installment of principal or interest or any other sum secured hereby when
<br />due; or
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<br />(b) Trustor should breach or otherwise be In delaull under any term. covenant. agreement, condItion. 01 prOVISIon
<br />conlalntlO herein or In any bUIlding loan agreement or on any other agreement secured hereby, or
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<br />(c) Any representatIon or covenant made herein, In any bUilding loan agreement or .n any Olher agreement secured
<br />hl.!feby or gr.."n In connection hereWith or any ondebte<lnoss secured hereby should be false or mIsleading. 01
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